Case: EEOC v. Leo Palace Resort

1:06-cv-00028 | District Court of Guam

Filed Date: Sept. 29, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 29, 2006, the Los Angeles District Office of the EEOC brought this suit in the U.S. District Court for the District of Guam. The plaintiff sued Leo Palace Resort under Title VII of the Civil Rights Act. The plaintiff, representing female employees of Leo Palace Resort, asked the court for permanent injunctive relief, a requirement of policy changes at defendant's company, and monetary damages. The plaintiffs claimed that the defendant engaged in unlawful employment practices by sub…

On September 29, 2006, the Los Angeles District Office of the EEOC brought this suit in the U.S. District Court for the District of Guam. The plaintiff sued Leo Palace Resort under Title VII of the Civil Rights Act. The plaintiff, representing female employees of Leo Palace Resort, asked the court for permanent injunctive relief, a requirement of policy changes at defendant's company, and monetary damages. The plaintiffs claimed that the defendant engaged in unlawful employment practices by subjecting female employees to sexual harassment and by retaliating against employees for complaining of discrimination. Specifically, three female employees alleged that they experienced frequent sexual harassment from a coworker in the form of physical touching, requests for sex, and inappropriate gestures. When the employees complained the defendant employer retaliated by reducing their hours, taking disciplinary action, and failing to keep their complaints confidential. Two employees were constructively discharged as a result.

The complainants intervened in the EEOC's suit and the defendant moved to dismiss their claims and moved for summary judgment. The summary judgment motion was denied and the motion to dismiss was denied as premature. The parties engaged in discovery for the next year, and agreed to have a hearing date without oral argument.

On September 10, 2007, the defendants again filed for partial summary judgment, arguing that this was only a question of negligence on behalf of the company in response to complaints of its employee, and not a sexual harassment suit.

On March 13, 2008, before the court had heard the motion for partial summary judgment, the parties parties jointly submitted a consent decree.

On March 21, 2008 Judge Frances M. Tydingco-Gatewood approved the consent decree. The agreement required the defendant to pay the complainants a total of $243,000. It also required the defendant to create an anti-discrimination policy; institute a complaint procedure; hire an outside consultant to ensure compliance with the decree; post and distribute a notice of equal opportunity employment rights; and conduct annual training for all employees. On May 8, 2008 the case was dismissed with prejudice.

Summary Authors

Kevin Wilemon (5/27/2008)

Gabriela Hybel (11/7/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4244461/parties/us-equal-employment-opportunity-commission-v-leo-palace-resort/


Judge(s)

Manibusan, Joaquin V.E. Jr. (Guam)

Tydingco-Gatewood, Frances M. (Guam)

Attorneys(s) for Plaintiff

Li, Derek W (California)

Morrison, Angela D. (Nevada)

Schwab, Mikel W (Guam)

Teker, Lawrence J. (Guam)

Attorneys(s) for Defendant

Roberts, Thomas L. (Guam)

Other Attorney(s)

Active

Judge(s)

Manibusan, Joaquin V.E. Jr. (Guam)

Tydingco-Gatewood, Frances M. (Guam)

Attorneys(s) for Plaintiff

Li, Derek W (California)

Morrison, Angela D. (Nevada)

Schwab, Mikel W (Guam)

Teker, Lawrence J. (Guam)

Attorneys(s) for Defendant

Roberts, Thomas L. (Guam)

Other Attorney(s)

Torres, Phillip (Guam)

Documents in the Clearinghouse

Document

1:06-cv-00028

Docket [PACER]

May 8, 2008

May 8, 2008

Docket
1-1

1:06-cv-00028

Complaint

Sept. 29, 2006

Sept. 29, 2006

Complaint
66

1:06-cv-00028

Order re: Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination

EEOC v. Leo Palace Resort; Holbrook v. MDI Guam Corporation

Sept. 14, 2007

Sept. 14, 2007

Order/Opinion
131

1:06-cv-00028

Consent Decree

March 13, 2008

March 13, 2008

Settlement Agreement
136

1:06-cv-00028

Stipulation for Dismissal with Prejudice

EEOC v. Leo Palace Resort; Holbrook v. MDI Guam Corporation

April 16, 2008

April 16, 2008

Settlement Agreement

Office of General Counsel Fiscal Year 2008 Annual Report

No Court

Dec. 30, 2008

Dec. 30, 2008

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4244461/us-equal-employment-opportunity-commission-v-leo-palace-resort/

Last updated June 3, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against Leo Palace Resort filed by U.S. Equal Employment Opportunity Commission. No filing fee collected. (Attachments: # (1) Cover Sheet)(vtk, )

1 Cover Sheet

View on RECAP

Sept. 29, 2006

Sept. 29, 2006

RECAP
2

Notice of Filing Complaint Containing Original Signature of Anna Y. Park filed by U.S. Equal Employment Opportunity Commission re [1] Complaint. (vtk, )

Oct. 4, 2006

Oct. 4, 2006

RECAP
3

Summons Returned Executed filed by U.S. Equal Employment Opportunity Commission. Leo Palace Resort served on 10/4/2006, answer due 10/24/2006. (vtk, )

Oct. 10, 2006

Oct. 10, 2006

RECAP
4

Answer to Complaint; Certificate of Service filed by Leo Palace Resort.(rmm, )

Oct. 23, 2006

Oct. 23, 2006

RECAP
5

Scheduling Notice - Proposed Scheduling Order due by 12/13/2006. Proposed Discovery Plan due by 12/13/2006. Scheduling Conference set for 12/28/2006 at 10:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. (rmm, )

Nov. 3, 2006

Nov. 3, 2006

RECAP
6

Stipulation Rescheduling Conference filed by Leo Palace Resort. (vtk, )

Dec. 5, 2006

Dec. 5, 2006

RECAP
7

Order granting [6] Stipulation Rescheduling Conference. Scheduling Conference set for 12/28/2006 is rescheduled to 1/5/2007 at 09:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. Signed by Judge Joaquin V.E. Manibusan Jr. on 12/7/06. (vtk, )

Dec. 7, 2006

Dec. 7, 2006

RECAP
8

Motion to Appear Telephonically filed by U.S. Equal Employment Opportunity Commission - Counsels Angela Morrison and Derek Li. (rmm, )

Dec. 20, 2006

Dec. 20, 2006

RECAP
9

Order granting [8] Motion to Appear Telephonically - Counsels Angela Morrison and Derek Li. Signed by Judge Joaquin V.E. Manibusan Jr. on 12/21/2006. (rmm, )

Dec. 21, 2006

Dec. 21, 2006

RECAP
10

Stipulation Permitting Jennifer Holbrook, Viviene Villanueva and RoseMarie Taimanglo to Intervene as plaintiffs. (vtk, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
11

Non-Objection to [8] Motion to Appear Telephonically filed by Leo Palace Resort. (vtk, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
12

Minute Entry for proceedings held before Judge Joaquin V.E. Manibusan Jr.: Scheduling Conference held on 1/5/2007. (Start Time: 9:12 a.m., End Time: 9:28 a.m..) (vtk, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
13

Stipulated Discovery Plan filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
14

Scheduling Order and Stipulated Discovery Plan. Motions to Add Parties and Claims due by 4/20/2007. Amended Pleadings due by 4/20/2007. Discovery cut-off 6/22/2007. Discovery Motions due by 5/22/2007. Dispositive Motions due by 7/27/2007. Preliminary P/T Conference set for 10/9/2007 at 10:30 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. P/T Documents and Proposed P/T Order due by 10/16/2007. Final Pretrial Conference set for 10/23/2007 10:30 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Designations and Exhibit List due by 10/16/2007. Witness List due by 10/16/2007. Jury Trial set for 10/30/2007 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Judge Joaquin V.E. Manibusan Jr. on 1/5/2007. (vtk, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
15

Order granting [10] Stipulation Permitting Jennifer Holbrook, Viviene Villanueva and RoseMarie Taimanglo to Intervene as plaintiffs. Signed by Judge Frances M. Tydingco-Gatewood on 1/8/2007. (vtk, )

Jan. 8, 2007

Jan. 8, 2007

RECAP
16

Complaint in Intervention filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva.(vtk, )

Jan. 12, 2007

Jan. 12, 2007

RECAP
17

Summons Returned Executed filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. MDI Guam Corporation served on 1/12/2007, answer due 2/1/2007. (vtk, )

Jan. 16, 2007

Jan. 16, 2007

RECAP
18

Answer to Intervenor Complaint; Certificate of Service by Leo Palace Resort.(vtk, )

Jan. 31, 2007

Jan. 31, 2007

RECAP
19

Notice to Take Deposition of Jennifer Holbrook; Certificate of Service, filed by Leo Palace Resort.(rmm, )

March 7, 2007

March 7, 2007

RECAP
20

Notice to Take Deposition of Viviene Villanueva; Certificate of Service, filed by Leo Palace Resort.(rmm, )

March 7, 2007

March 7, 2007

RECAP
21

Notice to Take Deposition of Rosemarie Taimanglo; Certificate of Service, filed by Leo Palace Resort.(rmm, )

March 7, 2007

March 7, 2007

RECAP
22

Notice of Rescheduled Deposition of Viviene Villanueva; Certificate of Service filed by Leo Palace Resort.(rmm, )

March 12, 2007

March 12, 2007

RECAP
23

Stipulation Continuing All Future Discovery Plans and Scheduled Dates filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanuevare re [14] Scheduling Order and Stipulated Discovery Plan. (vtk, )

June 6, 2007

June 6, 2007

RECAP
24

Order granting [23] Stipulation Continuing All Future Discovery Plans and Scheduled Dates. Discovery Motions due 5/22/2007 is extended to 7/6/2007. Dispositive Motions due 7/27/2007 is extended to 9/10/2007. Discovery cut-off due 6/22/207 extended to 8/6/2007. Signed by Judge Joaquin V.E. Manibusan Jr. on 6/7/2007. (vtk, )

June 7, 2007

June 7, 2007

RECAP
25

Return of Service of Subpoena as to Tom Babauta, MSW, ACSW filed by Defendant Leo Palace Resort. (rmm, )

July 3, 2007

July 3, 2007

RECAP
26

Return of Service of Subpoena as to Lilli Perez-Iyechad, PhD. filed by Leo Palace Resort. (rmm, )

July 3, 2007

July 3, 2007

RECAP
27

Return of Service of Subpoena as to Lilli Perez-Iyechad, PhD. executed on 07/17/2007 (rsn, )

July 18, 2007

July 18, 2007

RECAP
28

Return of Service of Subpoena as to Tom Babauta, MSW, ACSW executed on 07/17/2007. (rsn, )

July 18, 2007

July 18, 2007

RECAP
29

Return of Service of Subpoena as to Christine Valencia. (vtk, )

July 23, 2007

July 23, 2007

RECAP
30

Return of Service of Subpoena as to Thomas Hong. (vtk, )

July 23, 2007

July 23, 2007

RECAP
31

Return of Service of Subpoena as to Joseph Ishizaki. (vtk, )

July 23, 2007

July 23, 2007

RECAP
32

Amended Return of Service of Subpoena as to Christine Valencia. (vtk, )

July 25, 2007

July 25, 2007

RECAP
33

Amended Return of Service of Subpoena as to Joseph Ishizaki. (vtk, )

July 25, 2007

July 25, 2007

RECAP
34

Second Amended Return of Service of Subpoena as to Christine Valencia. (vtk, )

July 27, 2007

July 27, 2007

RECAP
35

Amended Return of Service of Subpoena as to Thomas Hong. (vtk, )

Aug. 1, 2007

Aug. 1, 2007

RECAP
36

Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. Responses due by 8/15/2007. Replies due by 8/22/2007. (vtk, )

Aug. 6, 2007

Aug. 6, 2007

RECAP
37

Memorandum in Support re: [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Aug. 6, 2007

Aug. 6, 2007

RECAP
38

Stipulation of Counsel [Local Rule 37.1] re [36] Motion to Compel Motion for Extension of Time to Complete Discovery Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Aug. 6, 2007

Aug. 6, 2007

RECAP
39

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, ) Additional attachment(s) added on 8/7/2007 (vtk, ).

1 pages 36-68

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Aug. 6, 2007

Aug. 6, 2007

RECAP
40

DOCKETED IN ERROR - Duplicates entry no. 39. Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, ) **Modified on 8/7/2007 to note docket entry is duplicate** (vtk, ).

Aug. 6, 2007

Aug. 6, 2007

RECAP
41

Agreement of Hearing Date (re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort ). Motion Hearing set for 8/29/2007 at 01:30 PM in 3rd Floor Courtroom before Magistrate Judge Joaquin V.E. Manibusan Jr.(vtk, )

Aug. 6, 2007

Aug. 6, 2007

RECAP
42

Certificate of Service filed by Leo Palace Resort re [38] Stipulation of Counsel [Local Rule 37.1], [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination, [39] Declaration of Counsel, [37] Memorandum in Support, [41] Agreement of Hearing Date, [Proposed] Order re: Motion for Independent Medical Examination, [Proposed] Order re: Motion to Compel.(vtk, )

Aug. 6, 2007

Aug. 6, 2007

RECAP
43

Motion to Appear Telephonically filed by U.S. Equal Employment Opportunity Commission - Counsel Angela Morrison (related document(s): [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination). (vtk, )

Aug. 14, 2007

Aug. 14, 2007

RECAP
44

Opposition to [36] Motion to Dismiss Emotional Distress Claims; Motion for Extension of Time to Complete Discovery, Motion for Independent Medical Examination filed by U.S. Equal Employment Opportunity Commission. Responses due by 8/28/2007. Replies due by 9/4/2007. (vtk, )

Aug. 14, 2007

Aug. 14, 2007

RECAP
45

Motion to File Facsimile Signature - Angela Morrison filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Aug. 14, 2007

Aug. 14, 2007

RECAP
46

Opposition to [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. (vtk, )

Aug. 15, 2007

Aug. 15, 2007

RECAP
47

Order granting [43] Motion to Appear Telephonically - Angela Morrison (related document(s): [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress C laims; to Extend Discovery Completion Deadline; for Independent Medical Examination). Signed by Judge Joaquin V.E. Manibusan Jr. on 8/20/2007. (vtk, )

Aug. 20, 2007

Aug. 20, 2007

RECAP
48

Reply to EEOC's Memorandum [44] Opposition re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, ) **Modified on 8/22/2007 to add relation to docket no. 44** (vtk, )

Aug. 22, 2007

Aug. 22, 2007

RECAP
49

Reply to Plaintiff-Intervenors' Memorandum [46] Opposition re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination filed by Leo Palace Resort. (vtk, )

Aug. 22, 2007

Aug. 22, 2007

RECAP
50

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline. (vtk, )

Aug. 22, 2007

Aug. 22, 2007

RECAP
51

Certificate of Service filed by Leo Palace Resort re [48] Reply to EEOC's Memorandum, [49] Reply to Plaintiff-Intervenors' Memorandum, [50] Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort (re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline).(vtk, )

Aug. 22, 2007

Aug. 22, 2007

RECAP
52

Notice of Lodging of Original Signature filed by U.S. Equal Employment Opportunity Commission re [45] Motion to File Facsimile Signature - Angela Morrison.(vtk, )

Aug. 28, 2007

Aug. 28, 2007

RECAP
53

Supplemental Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, )

Aug. 28, 2007

Aug. 28, 2007

RECAP
54

Certificate of Service filed by Leo Palace Resort re [53] Supplemental Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. (vtk, )

Aug. 28, 2007

Aug. 28, 2007

RECAP
55

Minute Entry for proceedings held before Judge Joaquin V.E. Manibusan Jr.: Motion Hearing held on 8/29/2007 re [36] Motion to Compel Testimony and Production of Documents granted with conditions; Alternative Motion to Dismiss Emotional Distress Claims was deemed premature by Court; Motion to Extend Discovery Completion Deadline was granted with conditions; Motion for Independent Medical Examination was denied. Order to be prepared by Tim Roberts. (Court Reporter Wanda Miles.)(Start Time: 1:37:42, End Time: 2:34:56.) (vtk, )

Aug. 30, 2007

Aug. 30, 2007

RECAP
56

Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [52] Notice of Lodging of Original Signature (re [45] Motion to File Facsimile Signature - Angela Morrison).(vtk, )

Aug. 30, 2007

Aug. 30, 2007

RECAP
57

Motion for Partial Summary Judgment filed by Leo Palace Resort. Responses due by 9/24/2007. Replies due by 10/1/2007. (vtk, )

Sept. 10, 2007

Sept. 10, 2007

RECAP
58

Memorandum in Support filed by Leo Palace Resort re: [57] Motion for Partial Summary Judgment. (vtk, )

Sept. 10, 2007

Sept. 10, 2007

RECAP
59

Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort re [57] Motion for Partial Summary Judgment. (vtk)

Sept. 10, 2007

Sept. 10, 2007

RECAP
60

Unopposed Motion to Extend Discovery, Motion and Trial Dates filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva. Responses due by 9/24/2007. Replies due by 10/1/2007. (vtk, )

Sept. 10, 2007

Sept. 10, 2007

RECAP
61

Agreement of Hearing Date - (No oral argument requested) filed by Viviene Villanueva, Jennifer Holbrook, Rosemarie Taimanglo (re [60] Unopposed Motion to Extend Discovery, Motion and Trial Dates). (vtk, )

Sept. 10, 2007

Sept. 10, 2007

RECAP
62

Filing of Transcript of Deposition of Jennifer Holbrook in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Pages 41-90# (2) Transcript pages 91-140# (3) pages 140-184# (4) Exhibits 4-8# (5) Exhibits 9-15)(vtk, )

1 Transcript pages 41-90

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2 Transcript pages 91-140

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3 pages 141-184

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4 Exhibits 4-8

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5 Exhibits 9-15

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Sept. 10, 2007

Sept. 10, 2007

RECAP
63

Filing of Transcript of Deposition of Viviene Villanueva in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Transcript pages 42-90 # (2) Exhibits 1-5, pages 91-134# (3) Exhibits 6-17, pages 135-166)(vtk, )

1 *Restricted*

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2 Exhibits 1-5, pages 91-134

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3 Exhibits 6-17, pages 135-166

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Sept. 10, 2007

Sept. 10, 2007

RECAP
64

Filing of Transcript of Deposition of Rosemarie Taimanglo in Support re: [57] Motion for Partial Summary Judgment filed by Leo Palace Resort. (Attachments: # (1) Trancript pages 71-136# (2) Exhibits 1-7, pages 137-168# (3) Exhibits 8-10, pages 169-203# (4) Exhibit 11, pages 204-229# (5) Exhibits 12-15, pages 230-241)(vtk, )

1 Trancript pages 71-136

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2 Exhibits 1-7, pages 137-168

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3 Exhibits 8-10, pages 169-203

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4 Exhibit 11, pages 204-229

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5 Exhibits 12-15, pages 230-241

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Sept. 10, 2007

Sept. 10, 2007

RECAP
65

Certificate of Service filed by Leo Palace Resort re [63] Filing of Transcript of Deposition of Viviene Villanueva in Support, [64] Filing of Transcript of Deposition of Rosemarie Taimanglo in Support, [62] Filing of Transcript of Deposition of Jennifer Holbrook in Support, [57] Motion for Partial Summary Judgment, [58] Memorandum in Support, [59] Declaration of Counsel filed by Thomas L. Roberts on behalf of Leo Palace Resort; Notice of Motion; (Proposed) Order.(vtk, )

Sept. 10, 2007

Sept. 10, 2007

RECAP
66

Order re [36] Motion to Compel Testimony and Production of Documents, or in the Alternative, to Dismiss Emotional Distress Claims; to Extend Discovery Completion Deadline; for Independent Medical Examination. Motion to compel is granted. Plaintiff-Intervenors are ordered to produce, not later than 4:00 p.m. on the third day after their receipt of this order all medical records in their possession, including without limitation handwritten notes, related to any of the Plaintiff-Intervenors in this case. Alternative motion to preclude emotional distress claims is premature and denied without prejudice. Motion for extension of the current discovery deadline is granted. Parties shall complete all remaining discovery within 30 days of the date of this Order. Leo Palace shall have 30 days from the date of this Order to retain a medical expert and deliver an expert medical report to parties. EEOC and Plaintiff-Intervenors shall have 2 weeks to take deposition of Leo Palace's medical expert. Motion for an independent medical examination is denied. Signed by Judge Joaquin V.E. Manibusan Jr. on 9/14/2007. (vtk, )

Sept. 14, 2007

Sept. 14, 2007

RECAP
67

Opposition re [57] Motion for Partial Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Sept. 24, 2007

Sept. 24, 2007

RECAP
68

Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Sept. 24, 2007

Sept. 24, 2007

RECAP
69

Declaration of Counsel Angela D. Morrison on behalf of U.S. Equal Employment Opportunity Commission in Support re [67] Opposition to [57] Motion for Partial Summary Judgment. (Attachments: # (1) Exhibits 2 and 3, pages 21-100# (2) Exhibit 4, pages 101-175# (3) Exhibits 5-7, pages 176-219# (4) Exhibits 8-13, pages 220-257)(vtk, )

1 Exhibits 2 and 3, pages 21-100

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2 Exhibit 4, pages 101-175

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3 Exhibits 5-7, pages 176-219

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4 Exhibits 8-13, pages 220-257

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Sept. 24, 2007

Sept. 24, 2007

RECAP
70

Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [67] Opposition, [68] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison, [69] Declaration of Counsel Angela D. Morrison (re: [57] Motion for Partial Summary Judgment). (vtk, )

Sept. 24, 2007

Sept. 24, 2007

RECAP
71

Order granting [68] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. Plaintiff shall lodge the document containing the original signature as soon as possible after filing it with the facsimile signature. Signed by Judge Frances M. Tydingco-Gatewood on 9/25/2007. (vtk, )

Sept. 25, 2007

Sept. 25, 2007

RECAP
72

Joinder to Plaintiff's Opposition filed by Jennifer Holbrook, Viviene Villanueva re [67] Opposition, [57] Motion for Partial Summary Judgment. (vtk, ) **Modified on 10/1/2007 to edit docket text** (vtk, )

Sept. 26, 2007

Sept. 26, 2007

RECAP
73

Order Modifying Scheduling Order. Discovery cut-off 10/12/2007. Discovery Motions due by 10/12/2007. Dispositive Motions due by 10/22/2007. Trial Briefs due by 11/5/2007. Preliminary P/T Conference set for 11/13/2007 at 11:00 AM in 3rd Floor Chambers before Magistrate Judge Joaquin V.E. Manibusan Jr. Designations and Exhibit List due by 11/20/2007. Witness List due by 11/20/2007. Final Pretrial Conference set for 11/27/2007 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Jury Trial set for 12/4/2007 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Judge Joaquin V.E. Manibusan Jr. on 9/27/2007. (vtk, )

Sept. 28, 2007

Sept. 28, 2007

RECAP
74

Reply Memorandum in Support filed by Leo Palace Resort re: [57] Motion for Partial Summary Judgment. (vtk, )

Oct. 1, 2007

Oct. 1, 2007

RECAP
75

Supplemental Declaration of Counsel in Support filed by Thomas L. Roberts on behalf of Leo Palace Resort re [57] Motion for Partial Summary Judgment. (vtk, )

Oct. 1, 2007

Oct. 1, 2007

RECAP
76

Certificate of Service filed by Leo Palace Resort re [74] Reply Memorandum in Support, [75] Supplemental Declaration of Counsel in Support (re [57] Motion for Partial Summary Judgment). (vtk, )

Oct. 1, 2007

Oct. 1, 2007

RECAP
77

Notice of Lodging of Original Signature of EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [69] Declaration of Counsel, [57] Motion for Partial Summary Judgment. (vtk, )

Oct. 2, 2007

Oct. 2, 2007

RECAP
78

Notice to Take Deposition of Michael Robbins; Certificate of Service by Leo Palace Resort.(vtk, )

Oct. 3, 2007

Oct. 3, 2007

RECAP
79

Notice to Take Deposition of Dr. Lilli Perez-Iyechad; Certificate of Service by Leo Palace Resort.(vtk, )

Oct. 3, 2007

Oct. 3, 2007

RECAP
80

Notice to Take Deposition of Tom Babauta; Certificate of Service by Leo Palace Resort.(vtk, )

Oct. 3, 2007

Oct. 3, 2007

RECAP
81

Motion to File Psychotherapy Records Under the Seal of the Court filed by Leo Palace Resort. Responses due by 10/18/2007. Replies due by 10/25/2007. (vtk, )

Oct. 4, 2007

Oct. 4, 2007

RECAP
82

Certificate of Service filed by Leo Palace Resort re [81] Motion to File Psychotherapy Records Under the Seal of the Court; [Proposed] Order re: Psychotherapy Records.(vtk, )

Oct. 4, 2007

Oct. 4, 2007

RECAP
83

Notice of Cancellation of Depositions; Certificate of Service filed by Leo Palace Resort. (vtk, )

Oct. 5, 2007

Oct. 5, 2007

RECAP
84

Order granting [81] Motion to File Psychotherapy Records Under the Seal of the Court. Signed by Judge Joaquin V.E. Manibusan Jr. on 10/16/2007. (vtk, )

Oct. 16, 2007

Oct. 16, 2007

RECAP
85

Motion for Partial Summary Judgment; Memorandum of Points and Authorities filed by U.S. Equal Employment Opportunity Commission. Responses due by 11/5/2007. Replies due by 11/13/2007. (vtk, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
86

Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment. (vtk, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
87

Certificate of Service filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment, [86] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. (vtk, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
88

Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. Responses due by 11/5/2007. Replies due by 11/13/2007. (rsn, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
89

Declaration of Tim Roberts in Support of [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. (rsn, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
90

Memorandum in Support of [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook filed by Leo Palace Resort. (rsn, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
91

Certificate of Service re [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook, [89] Declaration of Tim Roberts, and [90] Memorandum in Support, filed by Leo Palace Resort. (rsn, )

Oct. 22, 2007

Oct. 22, 2007

RECAP
92

Order granting [86] Motion to File Facsimile Signature of U.S. EEOC Counsel Angela Morrison. Signed by Judge Frances M. Tydingco-Gatewood on 10/25/2007. (vtk, )

Oct. 25, 2007

Oct. 25, 2007

RECAP
93

Declaration of Angela D. Morrison in Support filed by U.S. Equal Employment Opportunity Commission re [85] Motion for Partial Summary Judgment. (vtk, )

Oct. 26, 2007

Oct. 26, 2007

RECAP
94

Motion for Leave to File Sur-Reply in Support of the EEOC's Opposition to Defendant's Motion for Partial Summary Judgment filed by Jennifer Holbrook, Rosemarie Taimanglo, Viviene Villanueva (re: [57] Motion for Partial Summary Judgment). Responses due by 11/9/2007. Replies due by 11/16/2007. (vtk, )

Oct. 26, 2007

Oct. 26, 2007

RECAP
95

Declaration of Phillip Torres in Support of Plaintiff EEOC's Opposition filed by U.S. Equal Employment Opportunity Commission re [88] Motion to Dismiss Emotional Distress Claims of Plaintiff-Intervenor Holbrook. (vtk, )

Oct. 29, 2007

Oct. 29, 2007

RECAP
96

Notice of Lodging of Original Signature of EEOC Counsel Angela Morrison filed by U.S. Equal Employment Opportunity Commission re [93] Declaration of Counsel, [85] Motion for Partial Summary Judgment. (vtk, )

Oct. 30, 2007

Oct. 30, 2007

RECAP
97

Order granting [94] Motion for Leave to File Sur-Reply in Support of the EEOC's Opposition re: [57] Motion for Partial Summary Judgment. Signed by Judge Frances M. Tydingco-Gatewood on 11/2/2007. (vtk, )

Nov. 2, 2007

Nov. 2, 2007

RECAP
98

Unopposed Motion to Appear Telephonically filed by U.S. Equal Employment Opportunity Commission - Angela Morrison and Derek Li. (vtk, )

Nov. 2, 2007

Nov. 2, 2007

RECAP
99

Pretrial Disclosures Pursuant to Fed. R. Civ. P. Rule 26(a)(3) filed by U.S. Equal Employment Opportunity Commission. (vtk, )

Nov. 5, 2007

Nov. 5, 2007

RECAP
100

Opposition filed by Leo Palace Resort re [85] Motion for Partial Summary Judgment. (vtk, )

Nov. 5, 2007

Nov. 5, 2007

RECAP

Case Details

State / Territory: Guam

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

MDI Guam Corporation, Private Entity/Person

Leo Palace Resort (Yona, Guam), Private Entity/Person

Does 1 through 10, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 243000

Order Duration: 2008 - 2011

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Training

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit